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  5. 948 F.2d 588 (1991)
 

CARRIGER v. LEWIS

Nos. 87-1549, 90-16013, 90-16016, 91-16334 and 91-70614.

948 F.2d 588 (1991)

Paris Hoyt CARRIGER, Petitioner-Appellant, v. Samuel A. LEWIS, Director of, DOC; Attorney General, State of Arizona, Respondents-Appellees. Paris Hoyt CARRIGER, Petitioner-Appellee, v. Samuel A. LEWIS, et al., Respondent-Appellant. Paris Hoyt CARRIGER, Petitioner-Appellant, v. Samuel A. LEWIS, et al., Respondent-Appellee (Two Cases). Paris Hoyt CARRIGER, Petitioner, v. Samuel A. LEWIS, et al., Respondent.

United States Court of Appeals, Ninth Circuit.

Resubmitted September 16, 1991.

Decided November 4, 1991.

Attorney(s) appearing for the Case

Donald H. Bayles, Jr., Aspey, Watkins & Diesel, Flagstaff, Ariz., for the petitioner-appellant.

Joseph T. Maziarz, Asst. Atty. Gen., Phoenix, Ariz., for respondents-appellees.

Before FARRIS, KOZINSKI and O'SCANNLAIN, Circuit Judges.

KOZINSKI, Circuit Judge.

Paris Hoyt Carriger is to receive the most severe punishment our society can impose. Having exhausted various avenues of relief in state court, he now seeks a federal writ of habeas corpus.

Facts

On March 13, 1978, Robert Shaw's jewelry store was robbed. The robber bound Shaw's hands behind his back and crushed his skull with repeated blows from an iron skillet. Although severely wounded, Shaw survived this onslaught, only...

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